Case Note & Summary
The case involved a challenge by the United Bank of India Employee Association and two individuals against the Regional Manager of United Bank of India regarding salary deductions based on the principle of 'no work no pay'. The petitioners contended that although the employees had abstained from work, they had worked overtime on the same day and received overtime allowances. However, the court clarified that the issue at hand was the employees' abstention from work, which justified the salary deductions. The court noted that the petitioners had previously raised an industrial dispute but had withdrawn it, thereby avoiding the factual questions that could have been examined. The court, exercising its jurisdiction under Article 226 of the Constitution of India, stated that it could not resolve disputed questions of fact. Consequently, the special civil application was dismissed, and no costs were awarded.
Headnote
A) Constitutional Law - Article 226 - Jurisdiction to decide disputed questions of fact - Court held that it cannot resolve factual disputes in a writ petition under Article 226 of the Constitution of India, 1950 - The petitioners' claim regarding salary deductions due to abstention from work was dismissed as the court found it was not in a position to adjudicate on factual matters, especially after the petitioners had withdrawn their earlier industrial dispute (Paras 1-2).
Issue of Consideration
Whether the employees were entitled to salary despite abstaining from work.
Final Decision
The special civil application was dismissed, and the rule was discharged with no order as to costs.
Law Points
- Constitutional interpretation
- Article 226
- Industrial disputes
- No work no pay principle
